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McGAUGHEY v. STATE

No. 1-580A117.

419 N.E.2d 184 (1981)

Deanna McGaughey, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

April 15, 1981.

Attorney(s) appearing for the Case

James R. Earnshaw, Crawfordsville, for appellant.

Linley E. Pearson, Atty. Gen., Janis L. Summers, Deputy Atty. Gen., Indianapolis, for appellee.

ROBERTSON, Judge.

We find it necessary to reverse and remand this cause for a new trial. The two issues which require reversal concern double jeopardy and the separation of the jury.

McGaughey argues her Fifth Amendment protection against double jeopardy has been violated because she was found guilty of two offenses: battery with a deadly weapon and battery resulting in serious bodily injury. Ind. Code 35...

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